(1991) JELR 65469 (HC)    
High Court  ·  24 Jan 1991 ·  Ghana
Core Terms Beta
bankruptcy act
english bankruptcy act
nana akufo-addo
absence of any intention
english courts
exceptional case
extra-territorial decisions
instant case
law of the country
personal law of the plaintiff
statute of general application
system of customary law
bankruptcy order
british court
case no.
closing address counsel
commencement of the trial
conflict of laws
dependent sovereign countries
devolution of a person
different persons
enforcement agencies
english court
facts of the case
following rules
fundamental issue
high court judge
independent sovereign states
legal capacity
legal position
modern times
mrs. mary rose garrett
o. griffiths
oriental commercial
own insolvency act
own local jurisdictions
personal law of a person
preliminary legal point
property claims
provisions of this act
said act
such laws
virtue of the courts act

BROBBEY J.: The parties are a married couple. There are two cases pending in court involving both of them. The husband was the first to file his case against his wife on 5 July 1989. It was numbered as case No. 1190/89. That was soon followed by a divorce petition filed by the wife against the husband on 9 August 1989. It was numbered as D. and M.C. 1410/89. Both cases raised property claims which the parties contest.

Before the commencement of the trial, Nana Akufo-Addo who appeared for Mrs. Mary Rose Garrett raised a preliminary legal point. For convenience, Mrs. Garrett will hereafter be referred to as the defendant and Mr. Garrett as the plaintiff.

The essence of the point raised by counsel for the defendant is this: The plaintiff was officially declared a bankrupt in 1985. The bankruptcy order was made in England under the English Bankruptcy Act, 1914 (4 and 5 Geo, c. 59). By sections 18(1) and 53 of the said Act, property of an undischarged bankrupt, whether situate in or outside …

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